ANANDA SWARUP AGARWAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-2000-3-11
HIGH COURT OF CALCUTTA
Decided on March 28,2000

ANANDA SWARUP AGARWAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) By this writ petition the petitioner has prayed for the following reliefs : "(a) A writ of or in the nature of mandamus commanding the respondent and, in particular, Respondent No. 2, to rescind, recall and cancel the said order dated 25-3-1996 passed by the respondent No. 2 being Annexure 'I'.(b) Writ in the nature of mandamus directing the respondents to rescind, recall or cancel the memo No. NIL dated 12-11-1992 issued by the respondent No. 2 and also directing the respondent not to act or further act upon the same.(c) A writ in the nature of certiorari directing the respondent to certify and transit to this Hon'ble Court records and recordings in respect of proposal for grant of SSI registration certificate to your petitioner for manufacture of colour TV by the petitioner No. 2 as a Small Scale Industrial Unit including in particular, the notice dated 12-11-1992 and order dated 25-3-1996 so that the same may be quashed and appropriate order and/or direction may be issued by this Hon'ble Court and considerable justice may be done to the parties.(d) Rule Nisi in terms of prayer (a), (b) and (c) above.(e) declaration that your petitioner No. 2 was and is a registered Small Scale Industrial Unit authorised to manufacture and sell colour TV during 1986 to 1989.(f) Interim order directing the respondents to grant provisional registration certificate in respect of manufacture of colour TV for the relevant period.(g) Such further or other writ or writs, order and orders as may be deemed just or expedient."
(2.) The facts of this case while putting in narrow compass, is as follows :-On or about 7th Sept. 1981 the petitioners set up Small Scale Industry for manufacturing and sale of different electrical electronic equipments and articles like radio, voltage stabilizer, booster, push button telephone dialer, black and white TV at No. E-161, V.I.P. Road, Ultadanga, Calcutta-54. This unit was set up as claimed by the petitioners in response to assurance/promise by the State Government to entreprenaurs to provide various financial concessions and subsidies, including power subsidy and also relief from sales tax and other taxes. Accordingly, on 14th Oct. 1982 the petitioners got permanent registration of the above unit as a Small Scale Industry granted by Directorate of Cottage and Small Scale Industries, Government of West Bengal for manufacturing and sale of audio cassette, tape recorder and push button telephone dialer.
(3.) It appears that from time to time the petitioners got other two items viz., voltage stabilizer and black and white TV included in the permanent registration. As such the permanent registration was amended .;


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